PCC chairman Michael Aguinaldo. (Photo from Rappler)
It appears that contractors who agreed to act as losing bidders to rigged biddings are not off the hook as the Philippine Competition Commission (PCC) is keen on making them accountable as ‘conspirator’ in irregularities in government transactions and projects.
According to the PCC, these dubious contractors should also be held accountable and face penalties as they conspired to make rigged biddings appear legitimate so favored bidders would win in the bidding process.
In a statement, PCC chairman Michael Aguinaldo disclosed that the anti-trust body is now looking into establishing the supposed connections or ‘agreements’ between competing bidders in the bid-rigging cases referred by the Department of Public Works and Highways (DPWH) early this month.
Aguinaldo stated that if found guilty, the PCC may impose a fine of ₱110 million for the first offense and up to ₱250 million for subsequent offenses.
“What the law penalizes is agreement between bidders so it’s not just the winning bidder who gets fined, pati yung mga kakuntsaba niya . . . It’s undergoing investigation and evidence-gathering,” Aguinaldo pointed out during the signing of a memorandum of agreement (MOA) with the DPWH.
He added that the cases referred to by the DPWH involves officials and contractors behind the alleged ghost and substandard flood control projects in Bulacan and Oriental Mindoro.
For Bulacan, the parties are: Wawao Builders, IM Construction Corporation, SYMS Construction Trading, the Discaya-owned Saint Timothy Construction Corporation and officials and employees of the DPWH’s Bulacan First District Engineering Office.
In Mindoro: Sunwest, Incorporated, which was founded by resigned Ako Bicol party-list representative Elizaldy ‘Zaldy’ Co, and officials and employees of the DPWH Regional Office IV-B.
“What I heard from our enforcement office is they are looking at anyone who facilitated that as well kasi parang conspiracy .b. . Hindi lang po BAC (Bids and Awards Committee) ang posibleng masali dyan, if evidence is there pwedeng higher,” Aguinaldo further said while admitting that he could not give a timeline on when these will be resolved even as he assured the public that they are prioritizing the flood control cases.
In the meantime, DPWH secretary Vivencio ‘Vince’ Dizon asserted that the fines to be imposed against those found guilty of bid-rigging is another way of recovering ill-gotten funds, aside from forfeiture and restitution.
He likewise explained that this is also possibly quicker to process since less evidence is needed to prove the crime.